9 AN ACT concerning small claims procedure; relating to limitations on
10 amount of claims and number of claims; amending K.S.A. 61-2703,
11 61-2706 and 61-2713 and K.S.A. 1998 Supp. 61-2704 and repealing
12 the existing sections.
13
14 Be it enacted by the Legislature of the State of Kansas:
15 Section 1. K.S.A. 61-2703 is hereby amended to read as follows: 61-
16 2703. As used in this act:
17 (a) "Small claim" means a claim for the recovery of money or personal
18 property, where the amount claimed or the value of the property sought
19 does not exceed $1,800$2,500, exclusive of interest, costs and any dam-
20 ages awarded pursuant to K.S.A. 60-2610 and amendments thereto. In
21 actions of replevin, the verified petition fixing the value of the property
22 shall be determinative of the value of the property for jurisdictional pur-
23 poses. A small claim shall not include:
24 (1) An assigned claim;
25 (2) a claim based on an obligation or indebtedness allegedly owed to
26 a person other than the person filing the claim, where the person filing
27 the claim is not a full-time, salaried employee of the person to whom the
28 obligation or indebtedness is allegedly owed; or
29 (3) a claim obtained through subrogation.
30 (b) "Person" means an individual, partnership, corporation, fiduciary,
31 joint venture, society, organization or other association of persons.
32 Sec. 2. K.S.A. 1998 Supp. 61-2704 is hereby amended to read as
33 follows: 61-2704. (a) An action seeking the recovery of a small claim shall
34 be considered to have been commenced at the time a person files a writ-
35 ten statement of the person's small claim with the clerk of the court if,
36 within 90 days after the small claim is filed, service of process is obtained
37 or the first publication is made for service by publication. Otherwise, the
38 action is deemed commenced at the time of service of process or first
39 publication. An entry of appearance shall have the same effect as service.
40 (b) Upon the filing of a plaintiff's small claim, the clerk of the court
41 shall require from the plaintiff a docket fee of $19.50, if the claim does
42 not exceed $500; or $39.50, if the claim exceeds $500; unless for good
43 cause shown the judge waives the fee. The docket fee shall be the only
44 costs required in an action seeking recovery of a small claim. No person
45 may file more than 1020 small claims under this act in the same court
46 during any calendar year.
47 Sec. 3. K.S.A. 61-2706 is hereby amended to read as follows: 61-
48 2706. (a) Whenever a plaintiff demands judgment beyond the scope of
49 the small claims jurisdiction of the court, the court shall either: (1) Dis-
50 miss the action without prejudice at the cost of the plaintiff; (2) allow the
51 plaintiff to amend the plaintiff's pleadings and service of process to bring
52 the demand for judgment within the scope of the court's small claims
53 jurisdiction and thereby waive the right to recover any excess, assessing
54 the costs accrued to the plaintiff; or (3) if the plaintiff's demand for judg-
55 ment is within the scope of the court's general jurisdiction, allow the
56 plaintiff to amend the plaintiff's pleadings and service of process so as to
57 commence an action in such court in compliance with K.S.A. 61-1703
58 and amendments thereto, assessing the costs accrued to the plaintiff.
59 (b) Whenever a defendant asserts a claim beyond the scope of the
60 court's small claims jurisdiction, but within the scope of the court's gen-
61 eral jurisdiction, the court may determine the validity of defendant's en-
62 tire claim. If the court refuses to determine the entirety of any such claim,
63 the court must allow the defendant to: (1) Make no demand for judgment
64 and reserve the right to pursue the defendant's entire claim in a court of
65 competent jurisdiction; (2) make demand for judgment of that portion of
66 the claim not exceeding $1,800the amount specified in subsection (a) of
67 K.S.A. 61-2703 and amendments thereto, plus interest, costs and any dam-
68 ages awarded pursuant to K.S.A. 60-2610 and amendments thereto, and
69 reserve the right to bring an action in a court of competent jurisdiction
70 for any amount in excess thereof; or (3) make demand for judgment of
71 that portion of the claim not exceeding $1,800the amount specified in
72 subsection (a) of K.S.A. 61-2703 and amendments thereto, plus interest,
73 costs and any damages awarded pursuant to K.S.A. 60-2610 and amend-
74 ments thereto, and waive the right to recover any excess.
75 Sec. 4. K.S.A. 61-2713 is hereby amended to read as follows: 61-
76 2713. (a) The petition shall be in substantially the following form:
77 In the District Court of ________ County, Kansas.
78 ________________
79 Plaintiff
80 vs. No. ____
81 ________________
82 Defendant
83 PETITION PURSUANT TO CHAPTER 61 OF THE KANSAS STATUTES
84 ANNOTATED
85 Statement of claim:
86 I, ________, having read the instruction below, hereby assert the following claim
87 against ________, defendant:
88 Demand for judgment:
89 Based on the claim stated above, judgment is demanded against defendant as follows:
90 1. Payment of $________, plus interest, costs and any damages awarded under
91 K.S.A. 60-2610 and amendments thereto.
92 2. Recovery of the following described personal property, plus costs: ________.
93 This property has an estimated value of $________.
94 Instructions to plaintiff:
95 1. State the claim you have against the defendant in the space provided. Be clear and
96 concise.
97 2. Your total claim against defendant may not exceed $1,800$2,500, not including in-
98 terest, costs and any damages awarded under K.S.A. 60-2610 and amendments thereto. If
99 you are seeking the recovery of personal property, the value of that property shall be based
100 on your estimate of its value under oath.
101 3. You must be present in person at the hearing in order to avoid default judgment
102 against you on any claim defendant may have which arises out of the transaction or occur-
103 rence which is the subject to your claim against the defendant.
104 4. You must make demand for judgment in one or both of the spaces provided above.
105 5. Neither you nor the defendant is permitted to appear with an attorney at the hearing.
106 6. You may not file more than 10 small claims under the small claims procedure act in
107 this court during any calendar year.
108 7. After completing this form, you must subscribe to the following oath:
109 I, ________, hereby swear that, to the best of my knowledge and belief, the foregoing
110 claim asserted against the defendant (including the estimate of value of any property sought
111 to be recovered) is a just and true statement, exclusive of any valid claim or defense which
112 defendant may have.
113
[Signature] ____________
114 Plaintiff
115 Subscribed and sworn to before me this ______ day of ________, 19__.
116
[Signature] ________________
117 Judge (clerk or notary)
118 (b) The summons shall be in substantially the following form:
119 In the District Court of ________ County, Kansas.
120 ________________
121 Plaintiff
122 vs. No. ____
123 ________________
124 Defendant
125
SUMMONS
126
(Small Claims Procedure)
127 To the above-named defendant:
128 You are hereby notified that the above-named plaintiff has filed a claim against you under
129 the small claims procedure of this court. The statement of plaintiff's claim and demand for
130 judgment against you are set forth in the petition which is served upon you with this
131 summons.
132 A trial will be held on this matter at __o'clock __m. on the ____ day of
,
133 19__, at ____________________.
134 (Place of hearing and address)
135 You must be present in person at the trial or a judgment by default will be entered against
136 you. Neither you nor the plaintiff is permitted to appear with an attorney.
137 If your defense is supported by witnesses, books, receipts or other papers, you should
138 bring them with you at the time of the hearing. If you wish to have witnesses summoned,
139 see the judge or clerk of the court at once for assistance.
140 If you admit the claim, but desire additional time to satisfy plaintiff's demands, you must
141 be present at the trial and explain the circumstances to the court.
142 If you have a claim against the plaintiff, which arises out of the transaction or occurrence
143 which is the subject of plaintiff's claim and your claim does not exceed $1,800$2,500, you
144 must complete the form for "Defendant's Claim," which accompanies this summons, and
145 return it to the judge or clerk of the court on or before the time set for the trial. If your
146 claim against plaintiff exceeds $1,800$2,500, you may complete and return the form for
147 "Defendant's Claim" on or before the time set for trial.
148
RETURN ON SERVICE OF SUMMONS
149 I hereby certify that I have served this summons:
150 (1) Personal service. By delivering a copy of the summons and a copy of the petition to
151 each of the following defendants on the dates indicated:
152 ________, 19__ ________, 19__
153 (2) Residence service. By leaving a copy of the summons and a copy of the petition at
154 the usual place of residence of each of the following defendants on the dates indicated:
155 ________, 19__ ________, 19__
156 (3) No service. The following defendants were not found in this county:
157 Dated: ________.
158
____________________
159 (Signature and Title of Officer)
160 (c) The defendant's claim shall be in substantially the following form:
161 In the District Court of ________ County, Kansas.
162 ________________
163 Plaintiff
164 vs. No. ____
165 ________________
166 Defendant
167
DEFENDANT'S CLAIM
168 Instructions:
169 1. As stated in the summons, if you have a claim against the plaintiff which arises out
170 of the transaction or occurrence which is the subject of plaintiff's claim and your claim does
171 not exceed $1,800$2,500, you must state your claim in the space provided below. If your
172 claim against the plaintiff exceeds $1,800$2,500, you may state your claim in the space
173 provided below. In determining whether or not your claim against the plaintiff exceeds
174 $1,800$2,500, do not include interest, costs and any damages under K.S.A. 60-2610 and
175 amendments thereto, but do include the value of any personal property sought to be re-
176 covered as determined by your estimate of its value under oath.
177 2. Be clear and concise in stating your claim.
178 3. If the value of your claim exceeds $1,800$2,500 (not including interest, costs and
179 any damages awarded under K.S.A. 60-2610 and amendments thereto, but including the
180 value of any personal property sought to be recovered, as determined by your estimate of
181 its value under oath), the court must decide whether you may pursue your entire claim or
182 only that portion not exceeding $1,800$2,500.
183 4. If your claim exceeds $1,800$2,500 and the court determines that you may not pursue
184 the entire claim at the hearing, you have three alternatives: (1) Make no demand for judg-
185 ment and reserve the right to pursue your entire claim in a court of competent jurisdiction;
186 (2) make demand for judgment of that portion of your claim which does not exceed $1,800
187 $2,500 and reserve the right to bring an action in a court of competent jurisdiction for any
188 amount in excess thereof; or (3) make demand for judgment of that portion of your claim
189 which does not exceed $1,800$2,500 and waive your right to recover any excess.
190 5. When completed, this form must be filed with the judge or the clerk of the court on
191 or before the time stated in the summons for the trial.
192 Statement of claim:
193 I,
, having read the instructions above, assert the following claim against
194 ________, plaintiff:
195 Demand for judgment:
196 Based on the claim stated above, judgment is demanded against plaintiff as follows:
197 1. Payment of $______, plus interest, costs and any damages awarded under K.S.A.
198 60-2610 and amendments thereto.
199 2. Recovery of the following described personal property, plus costs:
200 This property has an estimated value of $______.
201 I, ________, hereby swear that, to the best of my knowledge and belief, the above
202 claim asserted against the plaintiff (including the estimate of value of any property sought
203 to be recovered) is a just and true statement.
204
[Signature] ____________
205 Plaintiff
206 Subscribed and sworn to before me this ______ day of ________, 19__.
207
[Signature] ________________
208 Judge (clerk or notary)
209 Sec. 5. K.S.A. 61-2703, 61-2706 and 61-2713 and K.S.A. 1998 Supp.
210 61-2704 are hereby repealed.
211 Sec. 6. This act shall take effect and be in force from and after its
212 publication in the statute book.